SMITH, J.
The defendant, Jesse Olton Best, was charged with a violation of Section 21-6-9 of the Toledo Municipal Code, which reads as follows:
"Operation of Vehicles While Intoxicated; Penalty.
"(a) No person who is under the influence of intoxicating liquor or narcotic drugs, or opiates shall operate or be in actual physical control of any vehicle, street car or trackless trolley within this city.
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